debt collection

[dorito]

A debt collection agency has intimidated me into applying for a personal loan to repay a debt. I was paying back the debt but the company stopped calling me to get check numbers. Now the company is saying that they did call me and I am saying they did not. They are threatening to garnish my wages 25%. I was under the impression that a garnishment is only 10-15% and can they force me to get a loan when I know I will be declined. Shouldn't they try to come up with a new repayment schedule instead of wasting time in applying for a loan that won't be approved. Also can they force me to get a loan when I told them that was not a good idea?

 

[I AM ALWAYS LIABLE]

A debt collection agency has intimidated me into applying for a personal loan to repay a debt. I was paying back the debt but the company stopped calling me to get check numbers. Now the company is saying that they did call me and I am saying they did not. They are threatening to garnish my wages 25%. I was under the impression that a garnishment is only 10-15% and can they force me to get a loan when I know I will be declined. Shouldn't they try to come up with a new repayment schedule instead of wasting time in applying for a loan that won't be approved. Also can they force me to get a loan when I told them that was not a good idea?

My response:

Do you see that writing in RED up there? Without your State name, or the name of the State where the problem happened, it would be difficult to assist you. Laws are different everywhere.

Also, tell us when you became indebted to the original creditor, and the date you made your last payment on the debt.

They can't force you to take a loan if you don't want to or can't. They can't force you to send them post-dated checks. The only way they can garnish your wages is if they sue you, and obtain a judgment in their favor.

IAAL

 

[dorito]

Sorry about that. This is in New York City, New York. I became originally indebted late last year around this time. I made the last payment in May of this year. I just want to make sure that they can't force me to get a loan and that they are legally compelled to work out an agreement with me. Also the 25% garnishment is something that I don't think is correct.

 

[I AM ALWAYS LIABLE]

Sorry about that. This is in New York City, New York. I became originally indebted late last year around this time. I made the last payment in May of this year. I just want to make sure that they can't force me to get a loan and that they are legally compelled to work out an agreement with me. Also the 25% garnishment is something that I don't think is correct.

My response:

Okay, there's no Statute of Limitations problem for them, which is why I needed your State name and the date of last payment.

Yes, they can sue you. Yes, they can obtain a judgment. Yes, they can garnish your wages, and yes, the garnishment would be up to 25% of each paycheck in New York.

And no, they are NOT legally compelled to work out anything with a debtor. If you don't pay them in full, they can choose to sue, and most probably, will.

Any deals they agree to, will be out of the goodness of their hearts - - there is nothing that can force them to make any agreements with you.

I'm sorry that this answer is nothing but bad news for you.

IAAL